Attorney Coltrane achieved another victory for a client in a defense of his client’s right to use medical marijuana under the Michigan Medical Marijuana Act. Attorney Coltrane’s client was stopped by the Michigan State Police on I-75 as part of its ongoing and aggressive “broken glass” campaign against minor drug users.

A small amount of marijuana was found by the police officers. However, the client’s card had expired in-between renewals. Attorney Coltrane was able to convince the prosecution to dismiss the charges. He marshalled the required evidence to present the Section 8 defense, and provided the prosecution with a motion for dismissal, which the prosecutor could not deny.

With the proper documentation, clear legal argument, and diligent preparation, Attorney Coltrane was able to achieve an outstanding outcome for his client.

Under the Michigan Medical Marijuana Act, a defendant has two defenses. First, is immunity under Section 4. Basically, if you follow the rules, your paperwork is in order, and you do not have too much marijuana, then there is immunity from prosecution and the judge must grant a motion to dismiss.

Secondly there is the affirmative defense under Section 8. If your paperwork is out of order, or some other technical violation, you still have an opportunity to present your defense to a judge or a jury if you can show three separate things:

1. A physician-patient relationship. This requirement has three sub-requirements which are:

a. The existence of a bonafide physician-patient relationship (which normally means something more than a single visit),
b. The physician completed a full assessment of the patient’s history and current medical condition,
c. In the physician’s opinion, the patient has a debilitating medical condition and will likely benefit from the use of medical marijuana.

2. Quantity of Marijuana

You cannot have more than you are allowed at law.

3. Marijuana for Medical Use

You have to prove that the medical marijuana you have is actually being used for your medical condition and if you are a caregiver, you would have to prove that for each of your patients. Moreover, you would have to prove that the amount you had was reasonable to allow for unrep as it applies.